Tamil Nadu

South Chennai

cc/39/2013

M/s. VMH Hospitals Pvt. Ltd., - Complainant(s)

Versus

M/s. Priya Refrigeration - Opp.Party(s)

K.G. Senthil Kumar

04 Apr 2018

ORDER

                                                                                                                Date of Filing  : 06.02.2013.                                                                                                                                                                            Date of Order : 04.04.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L,                        : PRESIDENT

                 TMT. K. AMALA, M.A. L.L.B.                                    :  MEMBER-I

DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

                                                                                            CC. NO.39/2013

WEDNESDAY THE 4^th DAY OF APRIL 2018

                   

M/s. VHM Hospitals Pvt. Ltd.,

Rep. by their Authorised Signatory

Mr. V.R. Ramesh,

No.4, Lal Bahadur Shastri Street,,

Sathya Garden,

Saligramam,

Chennai – 600 093.                                                    .. Complainant

                                                            ..Vs..

 

M/s. Priya Refrigeration,

Rep. by its Proprietor,

No.16, Ramalingeswarar Koil Street,

Teynampet,

Chennai – 600 018.                                                ..  Opposite party.

 

 

Counsel for complainant                :  Mr. K.G. Senthil Kumar & another    

Counsel for opposite party            :  Mr. R.Elango

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section  12 of the Consumer Protection Act, 1986 seeking refund the  sum of Rs.16,875/- with interest at the rate of 18% p.a., to refund the sum of Rs.19,500/- with interest at the rate of 18% p.a. and to pay a sum of Rs.5,00,000/- towards compensation for mental agony and gross deficiency in service by the opposite party with cost.

1. The averments of the complaint in brief are as follows:

            The complainant submits that they are a Premier Health care Services Organisation and they wanted to purchase refrigerator and air conditioner.  For this purpose they contacted the opposite party and placed orders for the items listed herein and paid the opposite party in full for them.

S. No.	Invoice No.	Date	Item details	No. of items	Amount
1. 2. 3. 4.     5.     6. 7. 8. 9.   10.       11. 12. 13. 14.   15.	3725 3726 3727 3728     -     4018 755 757 766   -       99566     -	23.07.2010 23.07.2010 23.07.2010 23.07.2010     30.07.2010     05.08.2010 17.08.2010 17.08.2010 20.08.2010           22.08.2010 03.09.2010   05.09.2010   28.11.2010	Whirlpool Stabilizer Whirlpool 1.5 Ton AC units Whirlpool Stabilizers Whirlpool 1.0 Ton 3 star Chrome Whirlpool 1.0 Ton 3 Star & 5 Star Whirlpool 1.5 Ton Aviator Priya refrigeration issued cheque #414272 to weather station – Blue Star 400 Lr Whirlpool fridge + 1 stabilizer Khaitan 48”Zolta Ceiling Fan Elac water heater 15 lits metal Elac water heater 15 Lit Metal Crompton 16” W/F AC Stabilizer + (10 Remotes) Whirlpool 1.0 Ton Aviator Whirlpool 1.0 Ton Chrome Onida 1.5 Ton Samsung LCD 32C 450 AC Stands AC Installations Materials Mastermind 300 Lit Fridge 260 Lit fusion fridge 200 L Fusion	10 10 12 4 5 3   1   1 15 3 3 7 10 3 1 5 1 10   3 1 1	13500 168750 16200     218250   107000   19500 14100 12750   22550 11700 46500 14500 65000 31500 2500 74196 43500 10000 6800
			Total		898796

 

2.         The complainant submits that the opposite party agreed to take care of the maintenance of all the items purchased for free of cost for one year.  The complainant paid Rs.8,95,400/- for the items for which purchase orders were placed with the opposite party.  In the above list Item no.2 – one no. of Whirlpool Split Air Conditioner was found defective and hence it was returned to the opposite party and duly acknowledged by them. The complainant had paid a sum of Rs.16,875/- as cost of the product apart from the taxes charged to it.   The complainant submits that the Item no.6, One Whirlpool refrigerator and one Stabilizer although billed and paid by the complainant were not delivered.  The complainant states that when informed of the non delivery of the same the opposite party apologized and promised to deliver the same.  The complainant had paid a sum of Rs.19,500/- as cost of the product apart from the taxes charged to it. The opposite party has not refunded the money in respect of the returned defective goods and for the non delivered but paid goods. Therefore the complainant issued legal notice to the opposite party dated:23.11.2011  but the opposite party did not sent any reply nor complied with the same.  Hence the complaint is filed.

3.    The brief averments in the written version filed by the opposite party is as follows:

This complaint is not maintainable before this Forum since the transaction is of commercial in nature as well as the commodities mentioned in the complaint are seconds of “purchasing and sales”.  There is no warranty or guarantee for all the products.  The opposite party has not purchased the commodities from any company from directly and they are not selling authorized agents for it.  All the documents from the complainant disclose that the opposite party is dealing with second sales.  The commodities supplied to the customers are good and the opposite party will repair it when there is any fault.   Likewise, the complainant placed orders and the opposite party supplied the second sale commodities to them and the complainant cannot say that the opposite party has not taken any care of maintenance of the said products. The Whirlpool Split Air Conditioner is good with the complainant and the opposite party is ready to rectify the defect at their cost.  The Whirlpool refrigerator and one stabilizer is also in that way and  the opposite party is ready to supply to them in the seconds to their satisfaction.   The opposite party is not held liable to pay any amount as claimed in the complaint.  Hence this complaint is liable to be dismissed.

4.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 are marked.  Proof affidavit of the opposite party filed and no documents marked.

5.      The point for consideration is:

1. Whether the complainant is entitled for a sum of Rs.16,875/- with interest towards cost of the Whirlpool Air Conditioner as prayed for?

2. Whether, the complainant is entitled for a sum of Rs.19,500/- with interest towards the cost of Whirlpool refrigerator as prayed for?

3. Whether the complainant is entitled for a sum of Rs.5,00,000/- towards compensation for mental agony with cost as prayed for?

6. On point:

Heard the opposite party’s Counsel.  Perused the records namely the complaint, written version, proof affidavit and documents.  The complainant has not filed any written arguments or advanced any oral arguments.  Admittedly, the complainant is doing a Private Limited Hospital business.  Ex.A6, notice is showing full of details of the functioning of the complainant.  Further, the complainant pleaded that several articles were purchased for the use of their health care centre which are listed to the complainant worth Rs.8,98,796/- as per Ex.A4; out of which, one Whirlpool split Air Conditioner was found defective and was returned to the opposite party for replacement.  Similarly, one Whirlpool refrigerator and stabilizer was not delivered by the opposite party worth Rs.19,500/-.  But the complainant has not produced any record for proving the non supply of the said refrigerator.  On the other hand, on careful perusal of Ex.A2, it is seen that the opposite party is doing buying and selling the goods from other concerns amounts to second sales.  The complainant has not produced any substantial evidence to prove the alleged deficiency of service or unfair trade practice in relation to the commercial purpose.  The learned Counsel for the opposite party contended that the alleged transaction between the complainant and the opposite party is commercial which is admitted by the complainant in para no.3 of the complaint itself. 

7.Para No.3 reads as follows:

The complainant is a Premier Health care Services Organisation and they wanted to purchase refrigerator and air conditioner.  For this purpose, they contacted the opposite party and placed orders for the items listed herein and paid the opposite party in full for them.

S. No.	Invoice No.	Date	Item details	No. of items	Amount
1. 2. 3. 4.     5.     6. 7. 8. 9.   10.       11. 12. 13. 14.   15.	3725 3726 3727 3728     -     4018 755 757 766   -       99566     -	23.07.2010 23.07.2010 23.07.2010 23.07.2010     30.07.2010     05.08.2010 17.08.2010 17.08.2010 20.08.2010           22.08.2010 03.09.2010   05.09.2010   28.11.2010	Whirlpool Stabilizer Whirlpool 1.5 Ton AC units Whirlpool Stabilizers Whirlpool 1.0 Ton 3 star Chrome Whirlpool 1.0 Ton 3 Star & 5 Star Whirlpool 1.5 Ton Aviator Priya refrigeration issued cheque #414272 to weather station – Blue Star 400 Lr Whirlpool fridge + 1 stabilizer Khaitan 48”Zolta Ceiling Fan Elac water heater 15 lits metal Elac water heater 15 Lit Metal Crompton 16” W/F AC Stabilizer + (10 Remotes) Whirlpool 1.0 Ton Aviator Whirlpool 1.0 Ton Chrome Onida 1.5 Ton Samsung LCD 32C 450 AC Stands AC Installations Materials Mastermind 300 Lit Fridge 260 Lit fusion fridge 200 L Fusion	10 10 12 4 5 3   1   1 15 3 3 7 10 3 1 5 1 10   3 1 1	13500 168750 16200     218250   107000   19500 14100 12750   22550 11700 46500 14500 65000 31500 2500 74196 43500 10000 6800
			Total		898796

 

8.     Further, the contention of the opposite party is that, the opposite party is doing the business of buying and selling goods that is the commodities are of seconds.  There is no warranty or guaranty for the products.  The opposite party has not purchased the commodity from any company directly and selling as authorized agent.  The alleged deficiency never arises with regard to second sales.  The allegation of non-supply of whirlpool refrigerator cannot be accepted because  Ex.A1, Invoice itself is very clear that the refrigerator was supplied.  Further, the contention of the opposite party is that the defective nature of Whirlpool Air conditioner cannot be taken into consideration since the sale itself is for commercial and it is of second sales.  There is no warranty or guarantee for the said items.  Further, the learned Counsel for the opposite party contended that the Consumer Protection Act, 1986 is not applicable for the transaction related to commercial.  On considering the facts and circumstances of the case, the complaint is liable to be dismissed.

In the result, this complaint is dismissed. No cost.

          Dictated by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  04^th  day  of  April 2018. 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT

Complainant’s side documents:

Ex.A1 – 23.07.2010 – Copy of Invoice

Ex.A2 – 21.08.2010 – Copy of letter from the opposite party to the  

                                complainant

Ex.A3 – 03.03.2011 – Copy of letter from the opposite party to the

                                 complainant

Ex.A4                  Copy of details of items and service provided to the

                                 complainant by the opposite party

Ex.A5 – 28.11.2010 – Copy of Invoice

Ex.A6 – 23.11.2010 – Copy of legal notice from the complainant to the

                                 opposite party

Ex.A7                    Copy of acknowledgement card.

Opposite party’s side document: -    Nil

 

 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT